In Matter of Huff v. Department of Corrections , Cheryl Huff's employer and its workers' compensation carrier challenged a Workers' Compensation Board (WCB) ruling that Huff had been injured during the course of her employment.
Huff, a correction officer, was hurt while practicing volleyball for the correctional facility's "Olympics."
The Appellate Division, Third Department, overturned the WCB 's determination, noting that "[w]here an employee is neither required nor compensated to participate in an off-duty athletic-related activity, an injury attributable to such is compensable only when the employer 'otherwise sponsors the activity.'"
Not only did Huff's employer not sponsor the activity in any way, the WCB 's determination contradicted prior decisions based on nearly identical facts, and no substantial reasons were offered for its departure from precedent.
Who really dropped the ball here?
To download a copy of the Appellate Division's decision, please use this link: Matter of Huff v. Department of Corrections